hardship

Russian translation: Затруднительные обстоятельства

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Hardship clause is a clause in a contract that is intended to cover cases in
which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in an
excessive burden being placed on one of the parties involved.
[1]

Hardship clauses typically recognize that parties must perform
their contractual obligations even if events have rendered
performance more onerous than would reasonably have been
anticipated at the time of the conclusion of the contract. However,
where continued performance has become excessively burdensome due
to an event beyond a party’s reasonable control which it could not
reasonably have been expected to have taken into account, the
clause can obligate the parties to negotiate alternative contractual terms which reasonably allow
for the consequences of the event.

1. Relation to force majeure

The hardship clause is sometimes used in relation to
force majeure,
particularly due the fact that they share similar features and they
both cater to situations of changed circumstances. The difference
between the two concepts is that hardship is where the performance
of the disadvantaged party has become much more burdensome, but not
impossible, while force majeure refers to a party's
contractual requirements have become impossible, at least
temporarily. Hardship constitutes a reason for a change in the
contractual program of the parties. The aim of the parties remains
to implement the contract. Force majeure, however, is
situated in the context of non-performance, and deals with the
suspension or termination of the contract. [2]http://wapedia.mobi/en/Hardship_clause